Jama (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for Other Family (Migrant) (Class BO) visas, specifically Subclass 114 (Aged Dependent Relative) visas. The dispute concerned the eligibility of the applicants for these visas, with the first named applicant having passed away prior to the Tribunal's decision. The second and third named applicants were grandchildren of the deceased first applicant.

The primary legal issues before the Tribunal were whether it had jurisdiction to consider the application of the first named applicant, and whether the second and third named applicants met the prescribed criteria for the visas they sought. Specifically, the Tribunal had to determine if the grandchildren were considered members of the family unit of the first applicant and if they were financially reliant on her until her death, as required by the visa subclass criteria.

The Tribunal found that it had no jurisdiction with respect to the first named applicant due to her death. Regarding the second and third named applicants, the Tribunal determined that they did not meet the requirements for the Subclass 114 visa. The Tribunal concluded that there was no material before it that would permit a finding that these applicants met the prescribed criteria for the visas sought, including the requirement of financial reliance on the first applicant.

Consequently, the Tribunal affirmed the decision not to grant the second and third named visa applicants the Other Family (Migrant) (Class BO) visas.